Filed i-751, got an RFE, separated and beneficiary wants to stay

[EM_Vandaveer 2,408]

Respond to RFE - Interview - Denial > because the marriage has failed. Unless you are able to scam USCIS to make believe that your marriage is valid.

I wouldn't jump to fraud but case could be made for mis-representation.

The immigrant has to return to their homeland as their intent of marriage in good faith is not valid anymore. Good luck.

That is incorrect. What matters is that they married in good faith. If marriage failure equaled no ROC, there would be no divorce waiver, or approved ROC for separated couples who are telling USCIS about their separation.

[EM_Vandaveer 2,408]

Thank you so much for the responses. I am still unsure of what to do... but I have a much better understanding from your help. There is no 100% correct guideline of my situation so it is very unclear. I would really like to go to the USCIS office in my local area and ask for assistance. Do you all think that this would be good? If not, we just plan to submit more evidence (which won't be much) and then most likely get an interview. The only reason to submit more evidence would be to keep the case going since not responding to the RFE would cause deportation. At the interview come clean with being separated, all details, whole nine yards.

he stated that they planned to go to the interview and not tell them about the separation, to act like everything is hunky dory when it isn't. How is this NOT fraud. They will be intentionally lying in order for her to get her green card. It is fraud!

In fact OP was stating the opposite. "At the interview come clean with being separated".

[Kevinbolts 0]

Thank you for the help everyone!

Edited August 27, 2016 by Kevinbolts

[Kevinbolts 0]

Hello everyone, one last question. We have already started the divorce and we have the papers stating that the process has started. I am going to reply to the RFE with these papers. Should I write a letter giving a detailed explanation of everything? Or should I just say that everything has not been working out recently and that we have decided to get a divorce and request to have it changed to divorce waiver? Thank you!

[Shauneg 762]

Hello everyone, one last question. We have already started the divorce and we have the papers stating that the process has started. I am going to reply to the RFE with these papers. Should I write a letter giving a detailed explanation of everything? Or should I just say that everything has not been working out recently and that we have decided to get a divorce and request to have it changed to divorce waiver? Thank you!

You can add them and write a letter stating since you've filed you have decided to seperate, and the roc will still be processed but expect it to be put on hold for the decree. A waiver isn't needed since you filed for roc before divorce.

[EM_Vandaveer 2,408]

Hello everyone, one last question. We have already started the divorce and we have the papers stating that the process has started. I am going to reply to the RFE with these papers. Should I write a letter giving a detailed explanation of everything? Or should I just say that everything has not been working out recently and that we have decided to get a divorce and request to have it changed to divorce waiver? Thank you!

You also have to provide some more bona fide evidence, otherwise denial is a possibility.